064-08 - Resolution - Contract with Kitsap County for Incarceration of City PrisonersRESOLUTION NO. 064-08
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
INCARCERATION OF CITY PRISONERS WITH KITSAP COUNTY
EFFECTIVE JANUARY 1, Z009.
WHEREAS, the Kitsap County Jail has served as the primary facility for
incarceration of city prisoners; and
WHEREAS, the current contract to house city prisoners within the Kitsap County
Jail expires on December 31, ZOOS; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The City Council authorizes the Mayor to execute a contract
(Exhibit A incorporated herein by reference) for Incarceration of City Prisoners
with Kitsap County at the Kitsap County Jail, effective January 1, Z009.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 30th day of December ZOOS.
KITSAP COUNTY/CITY OF PORT ORCHARD
ADDENDUM TO CONTRACT FOR
INCARCERATION OF CITY PRISONERS
KC-404-06-A
COOB-09
WHEREAS, KITSAP COUNTY, a municipal corporation organized under the laws of the State of Washington
(hereinafter referred to as County) and the CITY OF PORT ORCHARD (hereinafter referred to as Contract
Agency), have entered into a contract on the 12 1h day of March, 2007, for the services provided under the
contract and WHEREAS, the County and City desire to enter into an addendum reflecting the intention of
both parties; now, therefore,
IN CONSIDERATION of the mutual covenants contained herein, it is hereby agreed as follows:
Section 5 is amended as follows:
5. COMPENSATION FROM THE CONTRACT AGENCY:
(a) Base Rate for Housing. In return for the County's housing of a prisoner of the Contract Agency, the
Contract Agency shall pay the County eighty ($80) dollars in calendar year 2009 for every 24-hour period, or
portion thereof greater than twelve (12) hours, that said prisoner is in the custody of the County commencing
upon the adoption and signatures of the Contract Agency and the County. Such time period shall be
measured frorn the tirne said prisoner is transferrEld to the custody of the County and housed to the time
when the Contract Agency resumes custody or the prisoner is released under competent authority. For
purposes of this section, the Contract Agency prisoners are defined as all pre-conviction and post conviction
misdemeanants.
(b) Determination of Case Status. The Prosecuting Attorney shall have the sole authority to determine which
felony cases submitted by the Contract Agency shall be charged as felonies and which as gross
misdemeanors/misdemeanors. The Contract Agency shall not be responsible for the base rate for housing
on any cases charged as a felony by the Prosecutor. Nothing in this contract prevents the County from
seeking reimbursement for felony medical costs prior to sentencing as provided in RCW 70.48.130. If the
Prosecutor makes the determination that a case is a gross misdemeanor/misdemeanor, such cases shall be
referred to the Contract Agency for filing in the appropriate court of limited jurisdiction. Any case originally
charged by the Prosecutor as a felony and later plea-bargained or adjudicated to a gross
misdemeanor/misdemeanor, shall not require compensation by the Contract Agency for the base rate of
housing.
(c) Base Rate for Booking and Release. In return for the County providing a service to book and release a
prisoner of the Contract Agency in order to have the arrest documented on the criminal history of the
prisoner, the Contract Agency shall pay the County fifty ($50) dollars in calendar year 2009. As long as the
prisoner is not in the facility over 12 hours, this rate will be used.
(d) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set
forth herein, including but not limited to any medical costs required by Section 6.
(e) Billing. The County will bill the Contract Agency on the 15th day of each month for all amounts due to the
County under this Agreement for the services rendered in the prior calendar month. Such fees shall be due
and payable by the Contract Agency to the County within 30 days after receipt of an itemized invoice.
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Section 17 is amended as follows:
17. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE:
(a) The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected
officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs
and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by
any person or property including death at any time resulting thereof, arising from or alleged to have arisen
from:
(1) The Contract Agency's performance under this Agreement or as a consequence of any wrongful
or negligent acts or omission of the Contract Agency, its appointed and elected officials, employees
and agents;
(2) Wrongful detention of a Contract Agency prisoner as a result of the Contract Agency's actions;
(3) Failure or refusal to timely release a Contract Agency prisoner as a result of the Contract
Agency's actions.
To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the
concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's
indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability
as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction.
(b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and
elected officials, employees and agents from and against all liability, loss, cost, damage and expense
including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging
damages sustained by any person or property including death at any time resulting thereof, arising from, or
alleged to have arisen from:
(1) The County's performance under this Agreement or as a consequence of any wrongful or
negligent acts or omission of the County, its appointed and elected officials, employees and agents;
(2) Wrongful detention of a Contract Agency prisoner as a result of the County's actions;
(3) County's failure or refusal to timely release a Contract Agency prisoner.
To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the
concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's
indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed
to by the parties to this Agreement or determined by a court of competent jurisdiction.
(c) Insurance Requirement The Contract Agency shall obtain and maintain liability coverage in minimum
liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the
aggregate for its conduct creating liability exposures related to confinement of prisoners, including general
liability, errors and omissions, auto liability and police professional liability. The insurance policy(ies) shall
provide coverage for those events that occur during the term of the policy, despite when the claim is made.
(d) Certificate of Insurance. The Contract Agency agrees to provide the County with evidence of insurance
coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent
insurance company or pool which is sufficient to address the insurance obligations set forth above.
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Section 23 is amended as follows:
23. DURATION:
The term of this Agreement shall be effective for one (1) year commencing on January 1, 2009 and ending on
December 31, 2009, unless otherwise modified or terminated earlier under the terms set forth in Section 21.
Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously
house prisoners with the County.
All other terms and conditions of the original Contract remain in full force and effect.
DATED this
ATTEST:
Opal Robertson,
Clerk of the Board
Dated:
day of D.el~J2 m !;~t5L, 2008. DATED this __ day of------·' 2008.
KITSAP COUNTY SHERIFF'S OFFICE
Ned Newlin
Chief of Corrections
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
STEPHEN BAUER, Chair
JOSH BROWN, Commissioner
JAN ANGEL, Commissioner
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